You expect to feel safe when you are working; however, no workplace is completely safe. But what happens when you are injured, and your employer is at fault? In this guide, we will take you through the steps of making a personal injury claim for broken toe at work compensation.
Not only will we explain who can make an accident at work claim, but we will also provide you with illustrative examples of how an employer could be liable for a broken toe at work injury. The success of a case is very often based on what the evidence can prove, and for this reason, we have listed the most important pieces of evidence you could gather to support a compensation claim.
As well as this we look at how personal injury compensation is awarded if you should succeed with your claim, detailing what your compensation could cover in terms of harm suffered and how the injury has impacted you financially.
You never have to go at it alone. Our panel of No Win No Fee accident at work solicitors are waiting to help you. In the penultimate section of this guide, we explain how they can provide their services to you without any upfront or running fees for the work they provide.
- Call us on 0330 043 3679
- Write to us through our website.
Jump To A Section
- Can You Claim Broken Toe At Work Compensation?
- What Are Common Causes Of Suffering A Broken Toe At Work?
- What Evidence Do You Need In Toe Injury Claims?
- How Much Compensation For A Broken Toe?
- Why Claim Broken Toe At Work Compensation On A No Win No Fee Basis?
- Read More About Toe Injury Compensation Claims
Can You Claim Broken Toe At Work Compensation?
Yes! You may be able to claim toe injury compensation following an accident at work. Employers have to take reasonable steps to ensure the health, safety and welfare at work of all employees under the Health and Safety at Work, etc Act 1974. There are other rules and regulations and it is important for employers to keep their workers safe.
To be able to claim compensation, you must show that:
- Your employer owed you a duty of care.
- They breached their duty of care.
- You suffered an injury as a result of this breach of duty
How often do toe injuries occur at work?
The Health and Safety Executive (HSE) is Great Britain’s national regulator for occupational health. It has reported to it serious accidents, incidents, injuries, and near misses that happen in the workplace due to legislation known as the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013, RIDDOR. RIDDOR requires employers to report certain incidents to the HSE who then record and publish on its website.
According to these reports, there were 17,738 non-fatal injuries to workers’ lower limbs in 2022/23 of these:
- 729 One or more toes injuries.
- 3,564 Foot injuries
- 5,716 Ankle injuries.
To find out if you could make a workplace accident claim for broken toe compensation, call our advisors now for free no-obligation consultation.
What Are Common Causes Of Suffering A Broken Toe At Work?
Not every workplace is as safe as it should be, and here are some examples of how you might injure your toe at work:
- Being asked to lift an object that is too heavy and you drop it on your foot breaking your toe.
- Due to your employer not providing you with steel-toe cap boots, several of your toes are fractured when a colleague accidentally drops a hammer.
- A colleague is asked to drive a forklift truck even though they have had no training. They run over your feet as they lose control of the truck, and your forefoot is traumatically amputated.
Why not give our advisors a call? Not only can they assess whether you have a valid accident at work claim, but should you have grounds to sue for compensation, they can connect you with specialist solicitors who can provide free legal advice.
What Evidence Do You Need In Toe Injury Claims?
To prove your claim there are several pieces of evidence that you may need or that your solicitor might collect for you. These could include:
- CCTV Footage of the accident
- Accident Report Forms
- Contact details of witnesses so a statement can be taken from them in the future
- Photographs of the accident site and your injuries
Our panel of specialists in accident at work claims can help you get all the documents you need to prove your claim for toe injury compensation. Start your claim online today.
Is There A Time Limit For Claiming Broken Toe Compensation?
The Limitation Act 1980 dictates that personal injury claims generally have 3 years from the date of your accident to bring your claim to the court’s attention.
There are exceptions, such as if the injured person is a child or someone who lacks the mental capacity to manage their own claim. Specifically these exceptions are:
- The time limit is frozen for those under the age of 18. From their 18th birthday, they will have 3 years to begin the claims process
- The time limit is frozen immediately for those not possessing the mental capacity to manage their own claim. If the person regains mental capacity, then the 3 year time limit will begin from the date they recover capacity.
In both cases, a litigation friend could make a claim on the claimant’s behalf while the time limit is paused.
Contact our advisors today to see if you have enough time to begin your accident compensation claim.
How Much Compensation For A Broken Toe?
Broken toe at work compensation will vary as each case is unique for example compensation for a broken big toe will be different to other toe injury claims. The more serious your injuries, the higher your likely award for damages.
If you are successful your compensation will be made up of damages for your injuries, known as general damages, and damages for out of pocket expenses, known as special damages.
Looking at your general damages first, these are to compensate you for your pain and suffering. They also take into account the impact your injuries had on your life. Did your broken toe stop you from playing sports, cancel a walking trip, or prevent you from dancing at your loved one’s wedding? Things like this will add to your damages.
Those valuing your claim may use the Judicial College Guidelines (JCG) to help advise you how much your injuries are worth. The JCG gives guideline brackets for various injuries and will be often used alongside a medical report that details your injuries.
Below is a table of some toe injuries and the suggested compensation guidelines for them. It is important to remember that every case is unique and that these are only guidelines.
| Injury | Severity | Compensation Guideline | Description | |||
|---|---|---|---|---|---|---|
| Multiple severe injuries and special damages | Very Severe | Up to £250,000 + | Multiple injuries that are significant and have associated loss of earnings and rehabilition costs. | |||
| Toe Injuires | Amputaion of all toes. | £44,570 to £68,430 | Includes traumatic amputation, surgical amputation with possible damage to the forefoot and affected mobility. | |||
| Amputation of the great toe. | IRO £38,210 | Amputation of the big toe and significant pain. | ||||
| Severe toe injuries. | £16.770 to £25,710 | Severe crush injuries of two or more toes with some form of permanent disability. | ||||
| Serious toe injuries. | £11,720 to £16,770 | Serious injuries to the big toe or crush and multiple fractures of two or more toes with some permanent disability. | ||||
| Moderate toe injuries. | Up to £11,720 | Straight forward fractures or exacerbation of a pre-existing condition. May require surgery or have ongoing minor symptoms. |
Please note that the top line of the table is not part of the JCG.
Claiming For Financial Losses Caused By A Broken Toe
The other type of damages for your toe injury claim is for your out of pocket expenses and is known as your special damages. This could include:
- Loss of Earnings
- Rehabilitation e.g. physiotherapy
- Prosthesis
- Care costs (even from family members)
Not every foot or toe injury compensation claim will have special damages but if there are any out of pocket expenses that you would like to claim, it is very helpful for you to provide any supporting documents that you have, e.g. invoices or bank statements. If you would like to know what things you can and can’t claim for, why not get in touch with one of our friendly advisors?
Why Claim Broken Toe At Work Compensation On A No Win No Fee Basis?
Our panel operate on a No Win No Fee basis by potentially offering you a Conditional Fee Agreement. This type of agreement offers several benefits including:
- Not having to pay upfront for the work your personal injury solicitor does
- Not having to pay for ongoing work
- Nothing to pay for their services if the claim fails
- A success fee will be due to your solicitor if the claim is successful. This is a percentage of your compensation but has legally imposed a maximum.
If you would like to work with one of our panel solicitors who are experts in broken toe at work compensation claims and can claim toe injury compensation on your behalf:
- Call us on 0330 043 3679
- Write to us through our website.
Read More About Toe Injury Compensation Claims
Here are some guides by ourselves:
Frequently asked questions about toe injury claims
Find out more about Manual Handling Claims
What are my rights when I bring a case against my employer?
Here are some external resources:
Accident at work statistical tables from the HSE
UK Government’s guide to agency workers’ rights
HSE guidance on manual handling
